ThinkBronze LLC v. Wise Unicorn Ind Ltd et al

Filing 55

PERMANENT INJUNCTION filed by Judge Margaret M. Morrow against Counter-defendants. (ah)

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1 2 3 4 5 6 7 8 WILLIAM J. BRUTOCAO (SBN 75959) WILLIAM D. BOWEN (SBN 254398) SHELDON MAK & ANDERSON PC 100 Corson Street, Third Floor Pasadena, CA 91103-3842 Telephone: (626) 796-4000 Facsimile: (626) 795-6321 Attorneys for Defendants and Counterclaimants WISE UNICORN INDUSTRIAL, LTD.; WISE UNICORN CRAFTS & GIFTS (HUI YANG) INDUSTRIAL, LTD.; and UNICORN STUDIO INC. 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 THINKBRONZE, LLC, Plaintiff, Case No. CV12-5283 MMM (JEMx) Hon. Margaret M. Morrow [PROPOSED] PERMANENT INJUNCTION vs. WISE UNICORN INDUSTRIAL, LTD, et al., 20 Defendants. _______________________________ 21 Complaint Filed: Discovery Cutoff : Pretrial Conference: Trial Date: AND RELATED CROSS-CLAIMS 22 23 24 25 26 27 28 [PROPOSED] PERMANENT INJUNCTION 06/18/2012 09/20/2013 11/18/2013 12/10/2013 1 In accordance with the Stipulation for Permanent Injunction entered into by 2 and between Plaintiff and Counter-Defendant ThinkBronze LLC (“ThinkBronze”), 3 Counter-Defendants Steve Marvisi, Parviz Noghrey, and European Bronze (the 4 “ThinkBronze Parties”), third party Felicity International Trading, Inc. (“Felicity”), 5 and Defendants and Counterclaimants Wise Unicorn Industrial, Ltd., Wise Unicorn 6 Crafts & Gifts Industrial, Ltd., and Unicorn Studio, Inc. (the “Unicorn Parties”) 7 (collectively, the “Parties”) entered into pursuant to a the Parties settlement of this 8 matter, the Court orders as follows: 9 1. Counter-defendants Steve Marvisi, Parviz Noghrey, ThinkBronze 10 LLC, European Bronze, and third party Felicity International Trading, Inc., their 11 officers, agents, employees, and those acting in concert or conspiracy with them, 12 including their customers and suppliers, are hereby permanently restrained and 13 enjoined from: 14 (a) manufacturing, copying, importing, offering for sale, or 15 selling any of the sculptures identified in Exhibit A to the First Amended 16 Counterclaim in this case (the “Subject Sculptures”), or any item substantially 17 indistinguishable from the Subject Sculptures; the term “Subject Sculptures” 18 expressly excludes items identified as numbers 56 (Cupid and Psyche) and 65 19 (Napoleon) in Exhibit A; 20 (b) copying, duplicating, selling, renting, marketing, leasing 21 or distributing any unauthorized copies of the Subject Sculptures currently in their 22 possession, custody or control; however, the affected parties may, within six 23 months of the date this injunction is entered, return said items currently in their 24 possession, custody or control to the manufacturers or suppliers from whom they 25 purchased said items, or destroy the items; 26 (c) manufacturing, importing, offering for sale, or selling any 27 merchandise bearing the trademark “Veronese” or any colorable imitation thereof. 28 [PROPOSED] PERMANENT INJUNCTION 1 2. 1 This Court retains jurisdiction over the ThinkBronze Parties and 2 Felicity for the sole purpose of enforcing the permanent injunction as set forth 3 herein; 3. 4 This Action, including the Unicorn Parties’ First Amended 5 Counterclaim and Third Party Complaint are hereby dismissed with prejudice; and 4. 6 All Parties are to bear their own attorneys’ fees and costs. 7 8 9 Dated: September 26,2013 _________________________ The Hon. Margaret M. Morrow United States District Court Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 [PROPOSED] PERMANENT INJUNCTION 2

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